00-3400 U.S. v. Colvin

By: dmc-admin//January 21, 2002//

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“[W]e believe the ‘deadly or dangerous weapon or device’ language added by the 1988 amendment makes clear Congress’ intent to authorize cumulative punishment of fire-related felonies. The 1988 amendment clarified that ‘any felony’ ‘includ[es] a felony which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device.’ As we explained in Hayward, the incidental use of fire does not fall within sec. 844(h)(1)’s ambit. See 6 F.3d at 1246. So the thief who uses a cigarette lighter to illuminate a keyhole does not use fire to commit the crime of burglary, but merely to facilitate commission. Id. By contrast, a defrauder who sets fire to his business to collect insurance proceeds uses fire to commit his crime.”

Affirmed.

Appeal from the United States District Court for the Southern District of Indiana, Dillin, J., Williams, J.

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